1, object element
The object of this crime is a complex object, which not only infringes on the ownership of public and private property, but also harms the personal rights or other rights and interests of others.
2. Objective factors
Objectively, this crime shows that the perpetrator forces the victim to hand over his property by means of threats, extortion and intimidation.
3. Main elements
The subject of this crime is the general subject, and any natural person who has reached the legal age of criminal responsibility and has the ability of criminal responsibility can constitute this crime.
4. Subjective factors
Subjectively, this crime shows direct intention and must have the purpose of illegally extorting other people's property. If the actor does not have this purpose, or the purpose of asking for property is not illegal, for example, the creditor uses threatening language to repay the overdue debt and urges the debtor to speed up the repayment, it does not constitute the crime of extortion.
Relevant legal basis:
1. Article 274 of the Criminal Law: Whoever extorts public or private property in a large amount or repeatedly extorts it shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years and fined.
2. Explanations of the Supreme People's Court and the Supreme People's Procuratorate on several issues concerning the application of laws in handling criminal cases of extortion.
(20 13 was adopted at the 5th meeting of the Supreme People's Court Judicial Committee on April 5, and at the 2nd meeting of the 12th Procuratorial Committee of the Supreme People's Procuratorate on April 6, 20 13).
In order to punish the crime of extortion according to law and protect the rights of public and private property, according to the relevant provisions of the Criminal Law of People's Republic of China (PRC) and the Criminal Procedure Law of People's Republic of China (PRC), some issues concerning the application of law in handling criminal cases of extortion are explained as follows:
Article 1 Whoever extorts or extorts public or private property in an amount of more than 2,000 yuan but less than 5,000 yuan, more than 30,000 yuan but less than 100,000 yuan, and more than 300,000 yuan but less than 500,000 yuan shall be deemed as "a large amount", "a huge amount" and "a particularly huge amount" as stipulated in Article 274 of the Criminal Law respectively.
The higher people's courts and people's procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government may, according to the local economic development and social security, jointly study and determine the specific amount standards implemented in their respective regions within the scope of the amount specified in the preceding paragraph, and report them to the Supreme People's Court and the Supreme People's Procuratorate for approval.
Article 2 Under any of the following circumstances, the standard of "large amount" may be determined according to 50% of the standard stipulated in Article 1 of this Interpretation:
(1) Having received criminal punishment for extortion;
(2) Having received administrative punishment for extortion within one year;
(three) blackmail minors, disabled people, the elderly or people who have lost the ability to work;
(4) Threatening to extort money by committing crimes that endanger public security, such as arson and explosion, or crimes that seriously violate citizens' personal rights, such as intentional homicide and kidnapping;
(five) extortion in the name of evil forces;
(6) extorting money by using or pretending to be a staff member of a state organ, a soldier, a reporter and other special identities;
(7) Causing other serious consequences.
Article 3 Whoever extorts money for more than three times in two years shall be deemed as "multiple extortion" as stipulated in Article 274 of the Criminal Law.